Flaherty v. Sheriff of Suffolk County

The defendants, the sheriff of Suffolk County and the Suffolk County sheriff’s department (collectively referred to as the Commonwealth 2 ), appeal from a judgment of the Superior Court finding the Commonwealth liable for assault pay owed to the plaintiff, George H. Flaherty, under G. L. c. 126, § 18A (sometimes referred to as the statute). The Commonwealth contends (1) that Flaherty’s entitlement to assault pay terminated when he reached the mandatory age of retirement for correction officers and became entitled to superannuation retirement benefits and (2) that his action is barred by the…